Smt. Roshani vs Ghanshyam Diwan
2025 Latest Caselaw 4252 Chatt

Chattisgarh High Court

Smt. Roshani vs Ghanshyam Diwan on 4 September, 2025

Author: Rajani Dubey

Bench: Rajani Dubey

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                                                2025:CGHC:45256-DB


                                                             NAFR

          HIGH COURT OF CHHATTISGARH AT BILASPUR


                          MCC No. 678 of 2025

1 - Smt. Roshani, W/o Late Rupendra Giri, Aged About 23 Years,

Occupation - Houswife,

2 - Ruhi, D/o Late Smt. Rupendra Giri, Aged About 1 Years (Minor), U/g

Of Smt. Rashani,

3 - Ishwar Giri, S/o Late Shri Daya Giri, Aged About 56 Years,

Occupation - Agriculturist,

4 - Smt. Meena Bai Giri, W/o Ishwar Giri, Aged About 53 Years,

Occupation - Housewife,

 All are R/o Salihabhatha, PS, Tehsil and Post- Patewa, District-

Mahasamund (C.G.)

                                                       ... Applicants


                                versus


1 - Ghanshyam Diwan, S/o Vishram Diwan, Aged About 66 Years,

Occupation- Agriculturist, R/o Salihabhatha, PS, Tehsil and Post-

Patewa, District- Mahasamund (C.G.)

2 - The Junior Engineer C.G.S.E.D. Company Patewa, Post- Patewa,

District- Mahasamund (C.G.)
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3 - The Executive Engineer (S/S) Division, C.G.S.E.D. Company

Patewa, Post- Patewa, District- Mahasamund (C.G.)

                                                           ... Respondent(s)


For Applicants              :    Dr. Shiv Kumar Shrivastava, Advocate
For                         :    Mr. Ashish Shukla, Additional Advocate
Respondent(s)/State              General


                                Hon'ble Smt. Justice Rajani Dubey,
                         Hon'ble Shri Justice Sachin Singh Rajput
                                     Order on Board


Per Sachin Singh Rajput, J.

04.09.2025

1. Present MCC has been filed seeking amendment/modification in

the order dated 07.05.2025 passed in MCC No.92 of 2025.

2. Vide order dated 07.05.2025, while allowing MCC No.92 of 2025,

this Court passed the following order which reads as under:-

"Heard.

In view of judgment passed by the Division Bench of this

Court in F.A.No.63/2021 that claim made in death case

which occurred owing to electrocution would be

exempted from Court fees pursuant to notification dated

02/08/1986, this MCC application is allowed. The

appellant is permitted to file the First Appeal under

Section 96 of CPC against the impugned judgment and

decree dated 03/10/2024 passed by the Principal District

Judge, Mahasamund (CG) in Civil Suit No.H 13B/2023

without payment of ad valorem Court fees.

2. Registry is accordingly directed to register the

aforesaid First Appeal by allotting new number and then

list the First Appeal for orders before appropriate Bench.

3. A copy of this order be kept in the file of First Appeal

for information and record.

4. Let this be done within a week and the newly

registered First Appeal be listed for orders on admission

after summer vacation."

3. Learned counsel for the applicant submits that on 07.05.2025,

this Court while allowing MCC bearing No. 92 of 2025 directed to

allot new number for the first appeal. He further submits that

since the first appeal has already been registered as FA No. 253

of 2024 and is still pending for adjudication and hence need not

required to be allotted new number.

4. The modification as sought for is not opposed by the learned

counsel for the respondent/State.

5. Upon due consideration and non-objection of counsel for the

respondent/State, the MCC stands allowed and para 2 of the

order dated 07.05.2025 passed in MCC No. 92 of 2025 be read

as under:-

"2. Registry is accordingly directed to list First

Appeal No. 253/2024 for orders before the

appropriate Bench."

6. In para 4 of the said order, the words "the newly registered First

Appeal" be read as "First Appeal."

7. The copy of this order shall form part of the records of FA No. 253

of 2024.

                        Sd/-                                                 Sd/-
             (Rajani Dubey)                                         (Sachin Singh Rajput)
                         Judge                                               Judge

             Ruchi
RUCHI YADAV Digitally signed
            by RUCHI YADAV